THE Office of the Solicitor General (OSG) maintained on Monday, March 17, 2025, that the International Criminal Court (ICC), which ordered the arrest of former President Rodrigo Duterte (FPRRD), has no jurisdiction over the Philippines.
In its manifestation and motion submitted to the Supreme Court in relation to the petition filed by Davao City Mayor Sebastian Duterte, Davao City First District Representative Paolo Duterte and Veronica Duterte against FPRRD’s arrest and transfer to the Netherlands, the OSG noted that the Philippine government has no legal obligation to cooperate with the ICC.
The OSG said it could not represent the respondents in the petition considering the said reasons.
“In steadfast adherence to this sovereign decision, the OSG has consistently maintained, both in its submissions before the ICC and in its public statements, that the case of the Philippines was not admissible and that the ICC failed to timely exercise its jurisdiction. Consequently, the Philippine Government has no legal obligation to cooperate with the ICC nor recognize any process emanating from the ICC following the effectiveness of the country's withdrawal from the Rome Statute,” the OSG said.
“Considering the OSG's firm position that the ICC is barred from exercising jurisdiction over the Philippines and that the country's investigative, prosecutorial, and judicial system is functioning as it should, the OSG may not be able to effectively represent Respondents in these cases and is constrained to recuse itself from participating herein,” it added.
Sebastian and Veronica filed a petition for habeas corpus, a court order that demands the presentation of an imprisoned person to the court and show good cause for their detention, before the SC following their father’s arrest.
Paolo, for his part, filed a petition for habeas corpus, certiorari, and prohibition for FPRRD’s discharge from illegal confinement and detention, as well as a temporary restraining order and/or writ of preliminary injunction to command the respondents to desist from cooperating with the ICC and the International Criminal Police Organization Manila (Interpol).
Among the respondents in the said petitions were Executive Secretary Lucas Bersamin, Interior and Local Government Secretary Jonvic Remulla and Philippine National Police chief General Rommel Marbil. (TPM/SunStar Philippines)